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Town Council - Regular Meeting - 6-20-05
TOWN COUNCIL
TOWN OF SOUTH WINDSOR
ACTION MINUTES
Page 1
JUNE 20, 2005


TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall

        

Members Present:
Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Elizabeth Pendleton
Councillor Cary Prague
Councillor Matthew Streeter
Councillor Roseann Williams

Also Present:
Town Manager Matthew B. Galligan
Town Attorney Barry Guliano

Prior to officially calling the meeting to order, Mayor Havens read and presented a Proclamation from the Town Council to Dr. Joseph Wood, South Windsor’s Superintendent of Schools, honoring him for being selected this year’s recipient of the Connecticut Association of Public School Superintendents (CAPSS) prestigious “Presidential Award”—an award given each year to one individual who embodies “all that is admired” in a Superintendent of Schools.”  The presentation was followed by a brief response from Dr. Wood.

ITEM:

Following the Roll Call, Deputy Mayor Pelkey made a Motion to move Agenda Items 16. A., B., and C. up to this location on this evening’s Agenda.  The Motion was seconded by Councillor Streeter; and approved, unanimously.

16.     Unfinished Business

A.      Resolution Accepting the Resignation of Keith Yagaloff (D) from the South Windsor Board of Education; and Appointing Mr. Yagaloff a Member of the South Windsor Town Council to Fill the Unexpired Term of Judith Paquin

BE IT RESOLVED that the South Windsor Town Council accepts the resignation of Keith Yagaloff from the South Windsor Board of Education, said resignation to be effective as of June 20, 2005; and


(Resolution Continued on Next Page)
ITEM:


16.     A       (Continued)


BE IT FURTHER RESOLVED that the South Windsor Town Council appoints Keith Yagaloff a Member of the South Windsor Town Council for a term ending November 14, 2005 to fill the unexpired term of Judith Paquin.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Pendleton
The Motion was: Approved, unanimously

(Following Council’s approval of the Resolution, Keith Yagaloff came forward to be sworn into office by Town Clerk Gretchen Bickford.  Following the swearing-in, he assumed his place on the Council dais.)

B.      Resolution Appointing Carolyn Egan (D) a Member of the South Windsor Board of Education to Fill the Unexpired Term of Keith Yagaloff

BE IT RESOLVED that the South Windsor Town Council appoints Carolyn to the South Windsor Board of Education for a term ending November 14, 2005, to fill the unexpired term of Keith Yagaloff.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Streeter
The Motion was: Approved, unanimously

C.      Resolution Appointing Richard D. Stahr (R) a Member of the South Windsor Board of Education to Fill the Unexpired Term of Thomas Reale

BE IT RESOLVED that the South Windsor Town Council appoints Richard D. Stahr a Member of the South Windsor Board of Education for a term ending November 14, 2005 to fill the unexpired term of Thomas Reale.

Was made by:    Councillor Prague
Seconded by:    Councillor Delnicki
The Motion was: Approved, unanimously

ITEM:


(Following Council’s approval of Resolutions 16. B. and C., Town Clerk Gretchen Bickford administered the Oath of Office to newly-selected Board of Education Members Carolyn Egan and Richard Stahr.)

Town Attorney Barry Guliano reported at this time that he had been asked by the Deputy Mayor to place an item on this evening’s Agenda setting a Public Hearing for the next meeting.  Through his error, he continued, it did not get on the Agenda; and he asked that the Town Council “Suspend the Rules” in order to allow that portion of a Resolution that would allow the setting of a Public Hearing—specifically, to receive citizen input on an Ordinance to prohibit certain truck traffic on Governor’s Highway.

Deputy Mayor Pelkey then moved to Suspend the Rules in order to place the subject Resolution on this evening’s Agenda.  Councillor Delnicki seconded the Motion; and it was approved, unanimously.

Deputy Mayor Pelkey then moved the following:

BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, July 5, 2005, at 7:00 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive  citizen input on a proposed Ordinance prohibiting tractor-trailer truck traffic on a portion of Governor’s Highway.

The Motion was seconded by Councillor Delnicki; and approved, unanimously

ITEM:

5.     Public Input

Katie McCann, 170 Lisa Drive, came forward to suggest that Wapping School’s need for a new Playscape, and the plans for “Boundless Playground” underway in South Windsor be combined in the same location (Wapping School) thus consolidating the fund-raising and meeting both needs.

6.     Environmental Health & Safety Message  -  None

7.     Adoption of Minutes of Previous Meetings  -  None

8.     Public Petitions  -  None
ITEM:


9.     Communications from Officers and Boards Directly Responsible to Council  -  None

10.     Communications and Reports from Town Manager  

Town Manager Matthew Galligan began by stating that the topic of “Shared Services” had been sufficiently covered earlier this evening.  

Mr. Galligan next reported that a “Work Site Experience Program” had been received from Cheney Tech.  Explaining further, he said that Cheney Tech has a program that is sponsored by the State of Connecticut whereby the school would “hold harmless” the Town from all sorts of issues if the Town would allow the young people to gain work experience in a “mechanics” division.  (He reminded Council that, included in their packet, was a brochure that explains the program; and the Town’s intention to move forward with it.

The Town Manager then went over Resolutions included on this evening’s Agenda, and explained the purpose for each:  i.e., the “Lease/Purchase Agreement” with Bank of America for a new Fire Department Pumper; The current cost of such a vehicle was close to $500,000.  He gave a “legislative update “ on a proposed “Health District Bill;” the “conveyance tax” proposal, now moving on to the Governor’s desk; and the defeat of the Bill dealing with a tax break for golf courses.

An update on “economic development” by Mr. Galligan provided the following:  U.S. Foods facility is currently moving into Town; L.A. Fitness, Highland Market; ECHN all hope to be up and operational by October/November of 2005; and MASS/CONN (Dunkin Donut) facility, he added, is moving very quickly and should be up by the end of this year.

Other matters touched on by the Town Manager were the removal of the portable toilets at Nevers Road Park because of vandalism, by the contractor; an update on the negotiations currently in progress for  “the other” NAGE contract which represents the Pollution Control employees; ongoing problems with converting the old financial system into MUNIS, and the reasons for such problems; a recent Capital Projects Committee meeting at which the bid for the High School boiler came in at $393,000—thereby leaving the account for the Ellsworth boiler short.  Pointing out that “all the boilers have to be taken out during the Summer, Mr. Galligan suggested that to meet the need for the two boilers, the $95,000 left over because of leasing the Fire Department Pumper be used, supplemented by funds from Capital and Non-Recurring Expenditures.
ITEM:

10.     Communications and Reports from Town Manager (Continued)

Councillor Streeter asked for more information regarding the “boilers;” such as, had they even been ordered as yet.  Mr. Galligan responded the Superintendent made the decision to go ahead with the High School boiler, and gave the reasons.  The Councillor pointed out that Council had only recently approved the Budget—and one of the boilers had been approved from this year’s budget; and one from the next budget.  He said he was surprised to learn, at this late date, that “we’re under-budget by such a large amount;” and the Town had to lease the Fire Pumper instead of buying it outright.

Mr. Galligan pointed out that “leasing the Fire Pumper was always the intention of Capital Projects—all the fire trucks, he added, have been leased.  Deputy Mayor Pelkey added that the members of the Capital Projects Committee were also surprised at the shortfall in funds and by the fact that the boiler for Ellsworth School had not been ordered.  He felt that some of the fault lay with a flaw in the “tracking” of Capital Projects; and that, in this case, it had simply “fallen through the cracks.”

Councillor Pendleton thanked the Town Manager for his Memorandum covering the economic development possibilities derived from his recent Las Vegas trip. She inquired as to how the future of “economic development” was going to be addressed—i.e., would there be a Work Session to discuss the information Mr. Galligan had provided regarding this trip.

Mr. Galligan agreed that holding Work Sessions to specifically determine what the Town wants to do with regard to economic development.

Councillor Delnicki agreed that it would be a good idea to spend a Work Session, or two, discussion the Town Manager’s vision with regard to economic development.  Of particular concern to the Councillor and an issue he voiced his objection to the possibility of “apartments in Evergreen Walk.”  He asked that this topic be brought up, soon, in a Council Work Session.

Mr. Galligan took time to explain what he had included this component in his “vision” with regard to future economic development.  However, he offered assurances that before recommending a residential component he had instructed the developers that an “Impact Statement” had to be done.  He cautioned against “pre-judging a proposal” before all the information is in.

ITEM:

10.     Communications and Reports from Town Manager (Continued)

Councillor Yagaloff said his concern with the proposal was the number of one-bedroom—two- bedroom—three-bedroom units that were being considered for that location.  He felt that this factor was indicative of the market the developers were looking to attract.  He asked for more information on this.

More questions and discussion ensued regarding this.

11.     Reports from Standing Committees

Councillor Fine reported that on June 14, 2005, Councillor Streeter, Deputy Mayor Pelkey, and she had received a “very extensive tour of the Police Station; and, consequently, she felt they now had a very good grasp of how over-crowded they are.  Nothing, as yet, however has been decided, she added.

12.     Reports of Temporary Committees

Deputy Mayor Pelkey reported that the Committee had met on “Union School,” twice, and, following their examination of the report from the “Union School folks” they felt there was a need for a “business plan” in order to accomplish what they wished to do.  

The Deputy Mayor added that, with the help of the Town Manager, the Committee has outlined a business plan for that project.  As yet, the outline has not gone out to Mr. Brian Rivard, Chairperson, of the Union School Committee.

13.     Communications and Petitions from Council

Mayor Havens used this time to read the names of South Windsor servicemen and women serving in the Armed Forces in Iraq and Afghanistan.

14.     Public Participation  -  None

15.     Consent Agenda  -  None




ITEM:


16.     Unfinished Business

(Agenda Items 16. A, B., and C. were addressed earlier in the evening, following by the swearing-in of all three appointees.)


D.      Resolution Appointing Harvey Fine (D) a Full Member of the Patriotic Commission to fill the Unexpired Term of John Raphael

BE IT RESOLVED that the South Windsor Town Council appoints Harvey Fine a full Member of the Patriotic Commission for a term ending August 31, 2005 to fill the unexpired term of John Raphael.

Was made by:    Councillor Pendleton
Seconded by:    Deputy Mayor Pelkey

The Motion was approved, by Roll Call vote, 8 Ayes to 1 Abstention—the single Abstention vote being cast by Councillor Fine.

E.      Resolution Appointing Roger Dubiel (D) an Alternate to the Patriotic Commission to fill the Unexpired Term of Harvey Fine

BE IT RESOLVED that the South Windsor Town Council hereby appoints Roger Dubiel an Alternate to the Patriotic Commission for a term ending August 31, 2005, to fill the unexpired term of Harvey Fine.

Was made by:    Councillor Fine
Seconded by:    Councillor Pendleton
The Motion was: Approved, unanimously


Councillor Fine moved to bring Agenda Item 17 E. forward for action at this point in the meeting.  Deputy Mayor Pelkey seconded the Motion; and it was approved, unanimously.




ITEM:

17.     New Business


E.      Resolution Approving Starting Salaries for Deputy Registrars of Voters Hired After June 30, 2005, and Establishing Time Record Policies

WHEREAS, the South Windsor Town Council is responsible for establishing the compensation received by the Registrars of Voters, Deputy Registrars of Voters, and Assistants for their services pursuant to Section 9-194 of the Connecticut General Statutes.

NOW THEREFORE BE IT RESOLVED THAT the starting salaries for Deputy Registrars of Voters hired after June 30, 2005 shall be as follows:

Up to 4 years Experience - $15.00 per hour
4 to 5 years Experience - $15.50 per hour
6 years or more Experience - $16.15 per hour

BE IT FURTHER RESOLVED that each year after the first year of service, the Deputy Registrar of Voters shall receive an increase pursuant to the standard increase received by Town Hall employees for that year; and  

BE IT FURTHER RESOLVED that the Registrars of Voters, Deputy Registrars of Voters and Assistants shall keep track of their hours worked in the following manner:

Registrars of Voters –Secretary of State mandates that the Registrars should determine the hours of their office and that such hours be posted.  Because the Town Council establishes the compensation of the Registrars, however, the Town Council shall require that hours worked be documented, either by time card, log or journal, and that such hours be differentiated between hours worked at Town Hall versus those worked at home.  The Registrars shall make these records available, upon request, for review by any member of the Town Council Personnel Committee.  


(Resolution Continued on Next Page)


ITEM:

17.     E.  (Continued)


Deputy Registrars – Registrars are, as in the past, required to maintain attendance records for their deputies.  Such attendance records shall be turned in to the Town on a weekly basis, signed by the employee and approved by the Registrar, noting hours worked, arrival and departure time and lunch hour.  Time cards must accurately reflect the deputy’s time of attendance.  If the deputy works through lunch, they will be paid accordingly.  Permission to work through a lunch period must be obtained from the Registrar and the time card must be initialed by the Registrar for that day.

Hours Worked – Registrars are responsible for the operation of their office.  The hours worked are at their discretion, however, they must attempt to work as many hours as possible in Town Hall.  Total hours worked by deputies per year shall not exceed the hours budgeted by the Town Council, unless approved by the Town Council.

Personnel Rules – The Registrars, Deputy Registrars and assistants shall follow the Personnel Rules and Regulations of the Town of South Windsor dated January 11, 2005, where appropriate, for the general well-being of all Registrar employees and all Town employees.  

Was made by:    Councillor Fine
Seconded by:    Councillor Williams

Councillor Fine immediately moved to Amend item #1. In the Resolution as indicated below in “bold” type.

Registrars of Voters –Secretary of State mandates that the Registrars should determine the hours of their office and that such hours be posted.  Because the Town Council establishes the compensation of the Registrars, however, the Town Council shall require that hours worked be documented (add) in a format provided to them, either by time card, log or journal, and that such hours be differentiated between hours worked at Town Hall versus those worked at home.  The Registrars shall make these (add) signed records available, upon request, for review by any member of the Town Council.   (delete) “Personnel Committee”)
ITEM:

17.     E.  (Continued)


Councillor Williams seconded the Amendment.  When asked by the Mayor if there was any discussion of the Amendment, Councillor Streeter said “Yes.”  And asked Councillor Fine what the purpose was of this Amendment—that it was not what had been agreed to in Committee (Council’s Personnel Committee, which is made up of Councillors Fine, Williams, and Streeter).

Councillor Fine said she believed that it was “exactly what we agreed to.” To which Councillor Streeter replied that “No.  It is not what we agreed to;” and requested a recess to discuss these proposed changes by the Committee.

Mayor Havens agreed to a brief recess.

Following the conclusion of the recess, Councillor Fine withdrew her Motion; and Councillor Williams withdrew her “second.”  Councillor Fine then requested that Council return to the original Resolution (17. E.)  

After stating that she felt South Windsor’s Registrars of Voters were among the “best in the State” and complimenting them for their knowledge and professionalism, Councillor Williams explained the purpose of Resolution 17. E. was to provide “uniformity” and “parameters” in the Registrars’ Office—i.e. in the areas of--specified number of work hours; salaries; responsibilities, etc.  She felt that this was a Resolution “long overdue” because it addresses the issues that Council should be addressing.

Councillor Williams then asked the Town Attorney if the Town’s “Auditors,” when doing the Town’s Annual Audit, looked at time-cards, or any other documentation associated with the payment of a salary.  (Atty. Guliano deferred to the Town Manager to respond.)  

Mr. Galligan said that, right now, everyone in the Town’s employ fills out a time card—including department heads and the Town Clerk’s Office.  And, although the Auditor does not review everyone’s time card, Mr. Galligan explained, said they feel that in order to test the accounting system they would go in, statistically, to make certain that a number of them are accurate when compared to the payroll.  

Again stressing that the purpose of this Resolution “was not political,” Councillor Williams specified that it had been created as a guide for those “coming into fill these positions in future years.”
ITEM:

17.     E.  (Continued)


Councillor Delnicki asked the Personnel Committee if they had sat down with the Registrars to “iron out” any problems in the administration of their office prior to coming forward with this Resolution?  Councillor Williams said that the Personnel Committee had “talked about that” but then wondered “what are they (the Registrars) going to decide that we (the Committee Members) couldn’t?”  The only input they might have received, she continued, was with regard to the salaries of their Deputies; and we didn’t consult with them on the salaries.”

Councillor Fine added that when Council sat down with the Town Manager, the Town Attorney, or the Clerk of the Council it was because we are changing something directly and closely-related to them; i.e., their salaries, and their reviews.  There is nothing within Resolution 17. E., she continued, that changes the Registrars’ salaries, or their duties, or their hours.  Therefore, Councillor Fine felt that to have another meeting—this time with the Registrars—was, to her, “a little redundant.”

Councillor Delnicki said it would have made sense, in his opinion, that the Personnel Committee seek out comments from the Registrars on what was being proposed in this Resolution.  Councillor Delnicki then directed a question to the Town Attorney—that being the legality of the Town Council setting standards for “elected” officials, such as the Registrars.  Atty. Guliano said that the Resolution before Council had “already been amended because there were certain provisions,” originally, “that were not in conformance with the Statutes.”  

Continuing, Atty. Guliano specified that—the Office of Registrar is an elected position; and, also, the Deputy Registrars and Assistants, by Statute, “serve at the pleasure of the Registrars”—thus allowing the Registars, in his opinion, to have control over the Deputies and Assistants “hours worked” and their “work conditions.”  However, he added, there is another Statute that says that “the Legislative body of the Town (in South Windsor, the Town Council) is responsible for compensation for the Registrar, the Deputy Registrar, and the Assistants.

The Town Attorney then added that, in his opinion, the portions of this policy that deal with compensation, or even the number of hours worked, in his opinion relates to compensation.  In summary, and to Councillor Delnicki’s question, Atty. Guliano stated that he had reviewed the provisions before Council this evening; were the result of amendments he had already made; and which, he believed, were in compliance with State Statute.

ITEM:

17.     E.  (Continued)


Councillor Pendleton asked who, within the Town government, would be receiving the Deputy Registrars’ documentation; and, did this rule apply, too, to the Registrars themselves?  She said she was curious as to what the Deputy Registrars were earning, at the present time; and how long have they received that amount in that position.

Mr. Galligan said that (1) all time cards are submitted to the Finance Department; and the Deputies “get paid once a month.”  The Town Budget, he added, would have set the total number of hours each Deputy Registrar was estimated to work in a year—sometimes 10 hrs. per week; sometimes 20; at election time as much as 40 hours per week.  Primaries and other things could increase those hours, with permission.

The Registrars of Voters, Mr. Galligan reiterated, “are on salary…….there are no hours or time cards.

In answer to Councillor Pendleton’s question as to what the current hourly wage of the Deputy Registrars were, Councillor Streeter replied that currently they are earning $15.16/hour; and, as of July 1, 2005 they will go up to $16.15/hour.

Councillor Streeter then moved to amend a word within item #2 in Resolution 17. E. by changing the following:  .”Such attendance records shall be turned in to the Town on a weekly basis,…”   -   to read  “…..shall be turned in to the Town on a monthly basis,”   The Motion was seconded by Councillor Delnicki, and was approved, unanimously.

Coming forward to answer one of Councillor Pendleton’s unanswered questions was the Democratic Registrar of Voters, Frances Knipple.  Mrs. Knipple said that her Deputy Registrar had been in that position for 17 years; and was earning $15.60 per hour; and, as of July 1, 2005, she will be making $16.15 per hour.  The new Republican Deputy soon to come on board in the Office, according to Mrs. Knipple, “has exactly no experience; never worked an election; never worked in the Registrars’ Office, etc.” and Mrs. Knipple felt it was a “slap in the face” to her Deputy to be getting $0.60 more than the new, and inexperienced,  Registrar’s starting wage would be.

Next to speak was the Republican Registrar of Voters, Janis Murtha.  Mrs. Murtha pointed out that there is a State Statute that stipulates that “one Deputy can not make more based on enrollment.”  This meant, she added, a Democrat cannot make more than a Republican.  She pointed out that (1) these are political appointments; (2) it will take approximately 5 months to train her Deputy, and then that Deputy will know as much as the other Deputy.

ITEM:

17.     E.  (Continued)


Following those remarks, Mrs. Murtha stressed that she needed to address the issue here—that she came before Council this evening to speak on the Resolution regarding the Registrars’ of Voters Office.  She said she felt this Resolution was “inappropriate and without authority.”  As elected officials, she continued, the Registrars relationship to this Town “APO”—for “administrative purposes only.”  The Town, she said, “sets the salaries and cuts the checks.”  As Registrars, she added, we “hire all our staff in accordance with the State Statute, Section 9-192.”

Mrs. Murtha said that the Registrars are obligated to enforce the State Election Laws; and answer (constantly) to the Secretary of State’s Office regarding election laws and process.  “We are responsible for the everyday running of our office; and have coordinated administrative functions with Town administration,” she said.  It was her contention that “if the Council is unhappy with any aspect concerning the running of our office, I believe you should have notified us.”  

Deputy Mayor, as a point of clarification, asked the Personnel Committee if their votes on the salary scale included in the Resolution had been “unanimous.”  They responded that they had.  The Deputy Mayor then said he had to agree with the contention previously made that it might have been “nicer, and less public, if the debate on this, if the Registrars had met with the Committee”—and he said he was not sure that this was something that was offered.  He felt that before Council this evening was the question of some “basic record-keeping standards” regardless of party affiliation.

Councillor Fine concluded her remarks by stating that she felt it was nothing short of irresponsible to not know, in the case of those whose salaries they were setting, whether or not they working, on vacation, working 10 hours, working 50 hours, or 1,000 hours—“to not know what we’re getting for our money.”  

Councillor Streeter then remarked that he “did have serious reservations about doming forward with this without discussing it, first, with the Registrars.  He pointed out that, every time that the Personnel Committee has made any decisions, “we have met with the affected parties prior to bringing it before the Council; and I was vehemently opposed, but was in a minority position when we discussed it.”

Councillor Williams stated that “we didn’t really have any big major issues to bring these women in and discuss;" and” would have insisted that they be brought in were the reverse the case.  “I think we’re making a mountain out of a molehill!”


ITEM:

17.     E.  (Continued)


Republican Registrar Janis Murtha came forward once more to stress that (1) contrary to every department head here, including the Town Clerk (who, by our own Town Charter is the only elected official that can be full-time)—all of these people get benefits, vacations; while, as she put it, “we get nothing; just our pay; (2) they have run elections for over 20 years without any problems in the past; always kept track of the Deputies’ hours; and (3) they should have been brought into the Committee’s meeting—it was their Department, and she did not feel that the Council, as elected officials, honored the Registrars as being elected officials.

Councillor Prague then Moved to Table the Resolution.  It was seconded by Councillor Streeter; and defeated, on a Roll Call vote, 6 Nays to 3 Ayes, as follows:

        Councillor Fine                 No
        Councillor Delnicki             Yes
        Councillor Prague               Yes
        Councillor Pendleton            No
        Councillor Streeter             Yes
        Councillor Williams             No
        Councillor Yagaloff             No
        Deputy Mayor Pelkey             No
        Mayor Havens                    No

Deputy Mayor stressed that this was an important issue; and, although not in favor of tabling it with no hope of future discussion, he did say it sounded as though the Registrars did want the opportunity for input.   He said he would be open to “tabling it” with a set timetable for bringing it back to the Town Council after the Registrars had had an opportunity to meet with the Personnel Committee.  

Councillor Streeter pointed out that the “majority” on the Council had voted against such a proposal.  

Deputy Mayor Pelkey then Moved to Table this Resolution by sending it back to the Personnel Committee to meet with the Registrar of Voters, and report back to the Town Council at the next Regular Town Council Meeting.  The Motion was seconded by Councillor Streeter.  


ITEM:

17.     E.  (Continued)

Mayor Havens then called for a vote on the Deputy Mayor’s Motion.  It was defeated 5 Nays to 4 Ayes, on a Roll Call vote, as follows:

        Councillor Fine                 No
        Councillor Delnicki             Yes
        Councillor Prague               Yes
        Councillor Pendleton            No
        Councillor Streeter             Yes
        Councillor Williams             No
        Councillor Yagaloff             No
        Deputy Mayor Pelkey             Yes
        Mayor Havens                    No

Mayor Havens then called for a vote on the Amended Resolution.  The Motion was approved 6 Ayes to 3 Nays, on a Roll Call vote, as follows:

        Councillor Fine                 Yes
        Councillor Delnicki             No
        Councillor Prague               No
        Councillor Pendleton            Yes
        Councillor Streeter             No
        Councillor Williams             Yes
        Councillor Yagaloff             Yes
        Deputy Mayor Pelkey             Yes
        Mayor Havens                    Yes

17.     New Business

A.      Resolution Authorizing the Town Manager to Enter into a Lease/Purchase Agreement with Bank of America for the Purchase of a New Pumper for the South Windsor Volunteer Fire Department

BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B Galligan to enter into a Lease/Purchase Agreement with Bank of America for the purchase of a new pumper for the South Windsor Volunteer Fire Department at a purchase price of $435,284; and
(Resolution Continued on Next Page)

ITEM:

17.     A.  (Continued)

BE IT FURTHER RESOLVED that said Agreement will stipulate a payment schedule of 10 annual installments at an interest rate of 3.77%, the first of which installments will be made on January 26, 2006.

Was made by:    Councillor Streeter
Seconded by:    Councillor Delnicki

Following some discussion, the Motion was approved 7 Ayes to 2 Abstentions, on a Roll Call vote, as follows:

        Councillor Fine                 Abstained
        Councillor Delnicki             Yes
        Councillor Prague               Yes
        Councillor Pendleton            Abstained
        Councillor Streeter             Yes
        Councillor Williams             Yes
        Councillor Yagaloff             Yes
        Deputy Mayor Pelkey             Yes
        Mayor Havens                    Yes

B.      Resolution Authorizing the Town Manager to Enter Into a Non-Emergency Interagency Agreement with the Town of Manchester Connecticut
        (Councillor Delnicki)

WHEREAS, Connecticut General Statute §7-148cc authorizes two or more municipalities to jointly perform any function that each municipality may perform separately under any provisions of the General Statutes or any Special Act, Charter, or Home Rule Ordinance upon entering into an Agreement to such effect with other municipalities; and

WHEREAS, the undersigned municipalities recognize the benefits of joining together for the performance of law enforcement and police services; and

WHEREAS, the undersigned municipalities wish to cooperate in the joint performance of law enforcement and police services by granting full powers of arrest to full-time sworn police officers of participating municipalities; and

(Resolution Continued on Next Page)
ITEM:

17.     B.  (Continued)


WHEREAS, Connecticut General Statute §7-148cc requires that any such agreement be approved by each participating municipality in the same manner as Ordinances are approved, or, if no Ordinances are approved, in the same manner as the budget is approved; and

WHEREAS, the South Windsor Town Council held a Public Hearing on June 20, 2005 regarding the proposed Agreement, as is required by Town Charter for the approval of Ordinances

Was made by:    Councillor Delnicki
Seconded by:    Councillor Fine

The Motion was approved 8 Ayes to 1 Abstention—the lone Abstention being cast by Councillor Yagaloff.

C.      Discussion Item  -  Trash Pick-Up in Town Parks

This Discussion Item was requested by Councillor Prague who was the first to address the issue.  The Councillor said that this was an item “borne from an E-Mail received by Council regarding the removal of the Porto-Johns at the Nevers Road Park area.  He said he had met with the Town Manager and the Parks and Recreation Commission regarding this; and they “have convinced me” that between vandalism, and other things, it is probably not worth his pursuing the issue.  He asked Town Manager Matthew Galligan for comment.

Mr. Galligan, too, stated that “vandalism” is a major problem.  If the Council wishes, in the future, to pursue this further, he added, he would do so.  

Councillor Prague said that Mr. Galligan had informed him that placing, maintaining, and collecting trash from Town-owned receptacles at the Parks could cost over $30,000 per year.  In light of this cost, and after speaking with Ray Favreau, Director of Recreation, and the Town Manager, and the Parks and Recreation Commission he has been convinced that the system of continuing to let people “bring their own trash out of the Park” should continue.

Mr. Galligan suggested a “reminder” go out to the Coaches, Clubs, etc. who use the parks requesting, once again, that they pick up their own trash and bring it home with them.

ITEM:

17.     C.  (Continued)


Speaking to this issue from the audience was Gene Jay, President of South Windsor Soccer Club, one of many users of Nevers Road Park.  He said that this issue has been around for a long time; however, the time has come when people using Nevers Road Park want to see something done.  He did not blame the contractor for removing the porto-potties because of vandalism; however, he did take issue with the fact that, now, you had to do without them because of vandalism perpetrated “right across the street from the Police Station.”

His feelings with regard to trash receptacles was the same.  He did not expect to have to continue to do without trash receptacles in the Town’s parks because they “overflowed” onto the grass.  He suggested that maybe more receptacles was the answer.  Right now, according to Mr. Jay, “the garbage is everywhere!”  He wanted to know, and said others have asked him—What is the “incremental expense, exactly” of adding these trash cans to the Town’s automatic pick-up?”  He thought a quote should be sought from the Town’s waste removal contractor.

Mr. Galligan, in answer to Mr. Jay’s question, said that $32,513 would be the cost to the Town of putting out garbage cans and having them picked up.  Unfortunately, he added, he had about “23 other programs” that would take priority over that.   The Town Manager went on to provide a line-item list of expected expenses for this program.

D.      Resolution Establishing a “South Windsor Citizen Matching Mini-Grant Program,” and Appropriating $20,000 as Start-Up Funding for Said Program
        (Deputy Mayor Pelkey)

WHEREAS, the South Windsor Town Council has adopted the policy statement of “One Town One Future,” and, in doing so, encourages voluntary participation by Town citizens to achieve that common goal by becoming participants and partners with their Town Government; and

WHEREAS, the South Windsor Town Council wishes to encourage Town citizens to invest in their community by participating in various private sector projects that will benefit or enhance the Town of South Windsor and its citizenry; and

(Resolution Continued on Next Page)
ITEM:

17.     D.  (Continued)


WHEREAS, the South Windsor Town Council wishes to establish a Matching Mini-Grant Program for small-scale physical improvement projects or the creation of items or programs by Town citizens for community use and enjoyment; and

WHEREAS, the South Windsor Town Council wishes to also establish formal criteria and guidelines to encourage public participation in these projects, items, or programs, to streamline the application process, to distribute the funding and, to ensure the successful completion of authorized projects and programs

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Pendleton

Deputy Mayor Pelkey then pointed out a typographical error on the attached “Appendix A. #16”.   The item should read:  “16.  Proposal must meet Town of South Windsor Design Guidelines.”

Following a lengthy discussion on this Resolution, Mayor Havens called for a vote.  It was approved, unanimously.

F.      Discussion Item  -  Banners and Signs     (Requested by C. Prague)

(Because of time constraints, Agenda Item 17. F. postponed  until
next Regular Town Council meeting)

G.      Resolution Introducing an Amendment to Section 18-33 of the South Windsor Code of Ordinances Regarding “Peddlers – Application and Permit Fees,” and Setting a Time and Place for a Public Hearing on Said Amendment

        BE IT RESOLVED that the South Windsor Town Council introduces an Amendment to Section 18-33 of the South Windsor Code of Ordinances regarding Peddlers – Application and Permit Fees, increasing permit application fees to $200.00; and

(Resolution Continued on Next Page)
ITEM:

17.     G.   (Continued)


BE IT FURTHER RESOLVED that the South Windsor Town Council sets Tuesday, July 5, 2005, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on said proposed Amendment.

(Because of time constraints, Agenda Item 17. G. postponed  until
next Regular Town Council meeting)

H       Resolution Approving a Refund of Property Taxes to Two (2) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to two (2) South Windsor taxpayers, the total of said refunds being $179.03, and as further described on attached Exhibit B.

Was made by:    Councillor Fine
Seconded by:    Deputy Mayor Pelkey

The Motion was approved 8 Ayes to 1 Abstention, on a Roll Call vote, the lone abstention being from Councillor Williams.

I.      Resolution Setting the Time and Place for a Public Hearing on the Appropriation of $28,000 from Capital and Non-Recurring Expenditures Account for a New Boiler At Ellsworth School

BE IT RESOLVED that the South Windsor Town Council hereby sets Tuesday, July 5, 2005, at 7:45 p.m., in the Council Chamber of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the appropriation of $28,000 from the Capital and Non-Recurring Expenditure Account for a new boiler at Ellsworth School

Was made by:    Councillor Pendleton
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously



ITEM:

17.  New Business  (Continued)


J.      Resolution Authorizing the Transfer of $95,000 from Capital Projects Fire Pumper Account to the Ellsworth School Boiler Account

BE IT RESOLVED that the South Windsor Town Council approves the transfer of $95,000 from Capital Projects - Fire Department Pumper Account #44051300 00450 to Capital Projects – Ellsworth School Boiler Account # 44325300 00320 for the purpose of purchasing a new boiler for Ellsworth School.

Was made by:    Councillor Williams
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously


18.     Passage of Ordinance  -  None


19.     Communications and Petitions from Council (Continued)  -  None


20.     Executive Session  -  None


21.     Motion to Adjourn

A Motion to adjourn at 11:00 p.m. was made by Councillor Fine; duly seconded, and approved, unanimously.


Respectfully submitted,

                                                        
Patricia R. Brown
Clerk of the Council

Attmts.  (Exhibit A., Appendix A., and
                        Exhibit B.)